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Commissioner of Customs, Chennai Versus M/s. Denso Kirloskar Industries Pvt Ltd

2015 (10) TMI 549 - SUPREME COURT

Dispute on Transaction value for determination of Import Duty - inclusion of consideration paid for technical information provided - post importation activity – Held That:- it becomes clear that the technical information which was to be provided by t .....

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e 'Commissioner of Customs, Ahmedabad v. M/s. Essar Steel Limited [2015 (4) TMI 486 - SUPREME COURT] followed – Appeal dismissed against the Revenue. - Civil Appeal No. 1701 of 2006 - Dated:- 13-8-2015 - A. K. Sikri And Rohinton Fali Nariman, JJ. For .....

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ant Bajaj, Adv., Mr Anandh K, Adv., Mr S Vasudevan, Adv. and Mr Abhinav Jaganathan, Adv ORDER A joint venture was formed between M/s. Denso Corporation Japan and M/s. Kirloskar Oil Engines Ltd., India on 07.10.1998. Thereafter, a technical licence ag .....

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he products like air conditioners/ radiators. For this purpose, the respondent imported machinery components from M/s. Denso Corporation Japan and M/s. PT Denso Indonesia Corporation, Indonesia. The dispute relates to the transaction value that is to .....

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chnical know-how provided by the Japanese company was sought to be included in the transaction value. As per this agreement, technical information which was to be provided is of the following nature: - "(4) "TECHNICAL INFORMATION" i) D .....

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uipment of LICENSOR's design which LICENSOR and LICENSEE mutually agree as being necessary in the manufacture of CONTRACT PRODUCTS by LICENSEE) RELEASED IN AND USED BY licensor - during the term of this Agreement in the commercial production of C .....

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e of CONTRACT PRODUCTS, involve techniques or relate to fields of research, development, design, engineering or manufacture separate and distinct from CONTRACT PRODUCTS (such as, but not limited to, semiconductor devices, and other components and mat .....

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ase of those integral components and materials excluded in the above as not being manufactured in LICENSOR's facilities." Though the Commissioner included the aforesaid value, the Customs, Excise and Service Tax Appellate Tribunal (hereinaft .....

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